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STATE, EX REL., v. CITY OF GARNETT

No. 39,681

177 Kan. 709 (1955)

281 P.2d 1085

STATE OF KANSAS, ex rel., ROY L. COLE, County Attorney of Anderson County, Kansas, Appellee, v. CITY OF GARNETT, a municipal corporation; EARL SNYDER as Mayor of the City of Garnett; HENRY ALLEN, as Commissioner of Finance and Revenue of the City of Garnett; L.C. PAGE, as Commissioner of Streets and Public Utilities of the City of Garnett; HARLEY GIBSON, JR., as City Clerk of the City of Garnett; and THE FREETO CONSTRUCTION COMPANY, a corporation, Appellants.

Supreme Court of Kansas.

Opinion filed April 9, 1955.

Attorney(s) appearing for the Case

Gwinn G. Shell, and Wayne Loughridge, both of Garnett, argued the cause, and Clark Howerton, of Garnett, was with them on the briefs for the appellants.

Stanley E. Toland, of Iola, argued the cause and Harold R. Fatzer, attorney general, Roy L. Cole, county attorney, of Garnett, and Orville J. Cole, of Garnett, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action by the State on the relation of the county attorney of Anderson county to enjoin the city of Garnett and its agents from proceeding to widen the street surrounding the courthouse square. From an order of the trial court overruling their demurrer to plaintiff's petition, defendants appeal.

Appellee, the State, will be hereinafter referred to as plaintiff or the State, and appellant...

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